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UNITED STATES v. DEGGS

No. CA 79-1682.

632 F.2d 829 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. John Michael DEGGS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1980.

Attorney(s) appearing for the Case

Arthur Mabry, Los Angeles, Cal., on brief, for plaintiff-appellant.

Andrea Sheridan Ordin, U. S. Atty., Nancy Wieben Stock, Asst. U. S. Atty., Los Angeles, Cal., on brief, for defendant-appellee.

Before WALLACE and SCHROEDER, Circuit Judges, and CORDOVA, District Judge.

CORDOVA, District Judge:

This appeal is taken by John Michael Deggs who was indicted and convicted under 18 U.S.C. § 1707 of theft or appropriation of certain property used by the U.S. Postal Service. Appellant contends that he should have been charged under 18 U.S.C. § 641 for stealing property owned by the United States or any department or agency thereof.

Where the same conduct may violate two statutes...

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